Thursday, July 25, 2013

HS says and I quote "....."It is apparent that the ASJ (additional sessions judge) unjustly admitted into evidence the confessional statement made by the petitioner (Chadha) and illegally put the burden to prove the same on the co-accused (Kanda) and the Petitioner which is not permissible. ......"

"The ASJ fell into gross error in framing the charge under Sections 376/377 (rape and unnatural sex) against the co-accused GGK (Kanda) which cannot be sustained. Since no charge against co-accused under these Sections could have been framed, the Petitioner could not have been guilty of abetting these offences," Justice G P Mittal said......."

Now the question is what is the action against such erring Session's judges

This Geethika Sharma suicide is a prominent case, so the media has brought out the truth...what happens in 1000s of other cases ??

IF everything has to be set right by HC and SC why are the magistrate courts and sessions courts there in the first place ??? and why do litigants waste their entire lives around these courts ?

Delhi High Court today not only quashed the charges of abetment of rape and unnatural sex against her but also held that they cannot be "sustained" against prime accused Gopal Kanda in the air hostess suicide case. PTI

In a relief to MDLR airlines employee Aruna Chadha, the Delhi High Court today not only quashed the charges of abetment of rape and unnatural sex against her but also held that they cannot be "sustained" against prime accused Gopal Kanda in the air hostess suicide case.

"It is apparent that the ASJ (additional sessions judge) unjustly admitted into evidence the confessional statement made by the petitioner (Chadha) and illegally put the burden to prove the same on the co-accused (Kanda) and the Petitioner which is not permissible.

"The ASJ fell into gross error in framing the charge under Sections 376/377 (rape and unnatural sex) against the co-accused GGK (Kanda) which cannot be sustained. Since no charge against co-accused under these Sections could have been framed, the Petitioner could not have been guilty of abetting these offences," Justice G P Mittal said.

The verdict, which came on the plea of Chadha, referred to her statement to police and held that except the disclosure statement, there was "not even a shred of evidence" to show that Kanda sexually exploited the victim and Chadha abetted in the commission of these offences.

"Apart from the supplementary disclosure statement of the Petitioner AC (Chadha) there is nothing to indicate that co-accused GGK (Kanda) had illicit relations with 'X' (victim) or that she had multiple pregnancies...

"All the more, there is not even a shred of evidence to indicate that co-accused GGK committed sexual intercourse with deceased 'X' or had carnal intercourse against the order of nature with her or that the same was against her (the deceased) will or without her consent or that the Petitioner facilitated in any act of rape or unnatural offence alleged to have been committed by GGK," the court said.

"...the petition is partly allowed to the extent that the framing of the charge for the offence punishable under Section 376/109 and Section 377/109 IPC is set aside," it said.

Meanwhile, the bench also allowed another plea of Delhi Police seeking to expunge the adverse remarks made by the lower court against the probe agency and the public prosecutor for not probing the sexual exploitation angle in the case.

The 23-year-old former air hostess, who was earlier employed with Kanda's MLDR Airlines, was found dead on August 5, last year at her Ashok Vihar residence in North West Delhi. In her August 4 suicide note, she had said she was ending her life due to "harassment" by Kanda, 46, and Chadha, 40.

The lower court had on May 10 framed charges against Chadha and Kanda for various offences including abetment of suicide, criminal conspiracy and forgery under the IPC and the Information Technology Act for hacking computers and sending offensive or false messages.

It had framed additional and fresh charges of rape and unnatural offence against Kanda and Chadha who was also booked for abetting the commission of these offences.

The High Court today held the offences, including abetment of suicide, was made out against them, but there was no prima facie evidence indicating that they were also involved in the commission of rape and unnatural sex.

"Similarly, what could only be inferred from postmortem report was that the deceased was habituated to vaginal and anal penetration but there was nothing to indicate that it was co-accused GGK (Kanda) who was responsible for the same and that the petitioner had abetted the alleged vaginal and anal penetration against the deceased's will and without her consent," it said.

Dealing with another plea of police that adverse remarks made by the lower court be expunged, the court said "the order of May 10 does not reveal that the Special Public Prosecutor or even the Investigating Officer was confronted by the ASJ (lower court judge) as to the investigation/lack of investigation in respect of the alleged sexual exploitation of the deceased or extradition of Chanshivroop."

"In the circumstances, the adverse observation of the trial court with regard to the lack of investigation on sexual exploitation and the fact that the investigating agency did not take any step for extradition of Chanshivroop are ordered to be expunged," it said.